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  • desi3933
    02-02 02:19 PM
    Thanks for the reply , let me file the H1 transfer with Employer2 now in "Premium route" with the I-140 approval from Employer1 and see if we get a approval. Once i get a approval , i think stamping it wont be an issue after 7-8 months even thought Employer1 has revoked that I-140 ?

    However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???

    This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.

    Please note that the memorandum does not have the force of law.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • panky72
    06-25 04:15 PM
    please advise us , accordingly we will make travel plans

    1. ..If we can mail the her New Advance Parole document to India.
    2. Can she Leave the country while her AP in Process

    You cannot mail AP to her to use it for reentry to US. Find many of your answers here
    http://murthy.com/news/n_aostrv.html

    Question 4. Should I wait for the approval of my application for AP before I travel?
    �MurthyDotCom
    Under current regulations, an AP document cannot be granted to a person outside of the U.S. One hears about people who did not wait for the Advance Parole document to be issued and had someone send it to them while they were outside of the United States. This is not the accepted procedure, and if the person left without having AP or without having H1B, H-4, L-1 or L-2 status, s/he is deemed to have abandoned the I-485 Adjustment of Status application.
    �MurthyDotCom
    While there may be some people who were allowed reentry into the U.S., either in error or on humanitarian grounds, it is risky to depart before the AP is issued. There are provisions for situations in which a person has the AP and requests an extension prior to departure, then does not rely on the AP extension to reenter the U.S., but uses it for a future trip abroad. This situation is different from leaving without having AP at all.





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  • Chris Rock
    01-23 12:33 AM
    Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
    http://www.immigration-information.com/forums/showthread.php?t=7065

    He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..

    There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?

    I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?

    Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.

    Go figure!





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  • hopefulgc
    07-04 02:22 PM
    I am not sure how encouraging it will be for you to hear about some of our friends in tristate area.
    Pretty much like you (Desi employers, 80/20 or 70/30 arrangements, found contracts through dice/monster/hotjobs, filed in jul 07 fiasco and AC21'ed off to full time positions). There is nothing wrong with these arrangements but unfortunately they are considered pretty much illegal from the H1b & immigration point of view.


    Employers of many of them who have received their GC and many who are pending are currently being investigated. First they closed the gaping hole called substitution and now they are after all these sketchy employers and the petitions pending/approved through them.

    It sucks for people whose petitions have been approved and are now trying to crystallize their lives by buying homes, etc. Administration holds the trump card in that they can revoke GC/citizenship anytime.

    Few of these desi employers were nice enough to notify the beneficiaries. Many of these cases involve people who filed for EB2 i-140 to capture their EB3 dates after changing employers.



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  • peyton sawyer
    07-23 03:44 AM
    Hi bluez25..

    I just wanna ask if are you under EB3 row?

    How did you know that your case or your documents have already been forwarded to Chennai consulate?

    I would really appreciate a response.. thank you





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  • waitingnwaiting
    05-31 08:26 AM
    (c) Grants- Not later than 6 months after the date of enactment of this Act, the Secretary of Labor (referred to in this section as the ‘Secretary’) shall establish a partnership grant program to award grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary healthcare workers who wish to advance their careers, and to otherwise carry out the purposes of this section.

    (d) Eligible Entities- To be eligible to receive a grant under this section an entity shall--

    (1) be--

    (A) a healthcare entity that is jointly administered by a healthcare employer and a labor union representing the healthcare employees of the employer and that carries out activities using labor management training funds as provided for under section 302 of the Labor-Management Relations Act, 1947 (18 U.S.C. 186(c)(6));

    (B) an entity that operates a training program that is jointly administered by--

    (i) one or more healthcare providers or facilities, or a trade association of healthcare providers; and

    (ii) one or more organizations which represent the interests of direct care healthcare workers or staff nurses and in which the direct care healthcare workers or staff nurses have direct input as to the leadership of the organization; or

    (C) a State training partnership program that consists of non-profit organizations that include equal participation from industry, including public or private employers, and labor organizations including joint labor-management training programs, and which may include representatives from local governments, worker investment agency one-stop career centers, community based organizations, community colleges, and accredited schools of nursing; and

    (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

    (e) Additional Requirements for Healthcare Employer Described in Subsection (d)- To be eligible for a grant under this section, a healthcare employer described in subsection (d) shall demonstrate--

    (1) an established program within their facility to encourage the retention of existing nurses;

    (2) it provides wages and benefits to its nurses that are competitive for its market or that have been collectively bargained with a labor organization; and

    (3) support for programs funded under this section through 1 or more of the following:

    (A) The provision of paid leave time and continued health coverage to incumbent healthcare workers to allow their participation in nursing career ladder programs, including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses.

    (B) Contributions to a joint labor-management or other jointly administered training fund which administers the program involved.

    (C) The provision of paid release time, incentive compensation, or continued health coverage to staff nurses who desire to work full- or part-time in a faculty position.

    (D) The provision of paid release time for staff nurses to enable them to obtain a bachelor of science in nursing degree, other advanced nursing degrees, specialty training, or certification program.

    (E) The payment of tuition assistance to incumbent healthcare workers.

    (f) Other Requirements-

    (1) MATCHING REQUIREMENT-

    (A) IN GENERAL- The Secretary may not make a grant under this section unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the program under the grant, to make available non-Federal contributions (in cash or in kind under subparagraph (B)) toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities, or may be provided through the cash equivalent of paid release time provided to incumbent worker students.

    (B) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBUTION- Non-Federal contributions required in subparagraph (A) may be in cash or in kind (including paid release time), fairly evaluated, including equipment or services (and excluding indirect or overhead costs).

    (C) SUPPLEMENT, NOT SUPPLANT- Funds made available under this section shall supplement, and not supplant, resources dedicated by an entity, or other Federal, State, or localfunds available to carry out activities described in this section.

    (2) REQUIRED COLLABORATION- Entities carrying out or overseeing programs carried out with assistance provided under this section shall demonstrate collaboration with accredited schools of nursing which may include community colleges and other academic institutions providing associate, bachelor’s, or advanced nursing degree programs or specialty training or certification programs.

    (g) Activities- Amounts awarded to an entity under a grant under this section shall be used for the following:



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  • McLuvin
    04-02 04:52 PM
    Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'

    Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)

    Well... I agree with you and please accept my apologies !!!





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  • RamBihari
    02-15 05:49 PM
    hi,

    i have 3 yrs degree + 1 yr pg diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that i am doing.

    I am currently filed in eb3 category, and new company i am changing job to are ready to refile my gc. But they won't file my gc in eb2 category, as i don't meet the 4 yr bs requirement.

    My son will be in the highschool in 4 years, and i don't want to spend a lot of money on getting ms to myself. But for the gc i am looking for fastest and cheapest way to get ms program. I have no idea how it works, what qualifies me for a degree, what can i get credits for. Any inputs would be appreciated.

    Thanks!


    1



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  • miguy
    05-18 11:47 AM
    I opted for the CP option as well. My I-140 was approved in Oct 06 and thats when my attorney received the package for Consular processing from NVC.
    Although my PD is not current yet, my lawyer asked me to pay the fees so that they can send the packet back to NVC. I am not sure what to do as my PD is not current yet.





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  • chnaveen
    06-20 04:44 PM
    Hi,
    I am writing this on behalf of a friend whom I helped him in e-filing his EAD& AP Renewal.

    I too had the same situation. Before it gave this message, it gave a warning, Middle Name is not entered. Since it was a warning, I ignored it and went to the next screen, but there it gave the same message as you got "are still suggested fields not completed on the following forms".
    I veryfied each and every field and tried 3/4 times, but every time the same message, out of frustration, I just some middle initial and submitted, then it worked.
    But actually there is no middle name in my name. But the form got submitted with the confirmation.
    I called the USCIS and told them about the same problem, they asked to submit a letter asking for correction of the name along with supporting documents. SO I have submitted the same.
    Actually I have applied both EAD and AP e-file simultaneously. Both are Renewals.
    I have received the receipt for EAD, but not for AP. Also recieved the FP notice for EAD.
    I called USCIS again, said about not received the AP receipt notice. They said, they have mailed it. but I said about the middle name problem and said not received yet. They said since I submitted a letter for correcting Name, that will take care of it. For not receving the Receipt notice for AP, they said, they will mail a new one.
    Exactly after one month(Whichi is yesterday), I have received the replacement Receipt Notice of AP, but suprisingly the receipt number on this is mentioned the actual Receipt number of the EAD, but clearlt mentioned this application is of Case Type I-131. So I called USCIS again and said about the wrong receipt number, they gave me a confirmation number on the case and said, wait for 45 days and call then if I don;t receive any update on this.

    I am trying to efile an AP application right now. It always says following lines at the end of 131 form step.
    Note:There are still suggested fields not completed on the following forms:
    I really do not know as to why its doing so. I have checked several times that I have not left any field blank that is required. Did somebosy also see the same issue ?
    Thanks



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  • hpandey
    06-03 09:59 AM
    For all those who commented in negative.
    1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
    2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.

    have a nice day.

    Are you quite sure it is a logical creative thing ? There are a lot of words which are pronounced quite differently from the way they are spelled ... unless you know the word ( by cramming ) you would not be able to spell it.

    Your point 1 has nothing to do with this topic. Was it ever said that GC is the only thing in life by anyone ?

    Obviously this is hard work but to what end. How is knowing the spelling of every word in the planet going to help her or anyone for that matter.

    Better be a good writer who writes on interesting topics , stories or novels than to be the proof reader for the writer. Who do you think would have a good career - the writer or the proof reader.

    Learning how to spell would have taken thousands and thousands of hours . Wouldn't that time be better spent in learning maths or science or arts or a musical instrument or sports or anything that will help her in the future or be personally gratifying for life. I am not sure she will remember half the words 10 years from now just like a engineer doing java programming for 10-15 years would practically remember nothing he learned in college.





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  • swami_nag
    02-15 07:24 PM
    1. If you are in IT field, you don't even have a grasp of software development lifecycle and the part QA plays in it. A good QA cycle is essential for a good quality product. It is your ignorance about software development cycle that makes you say good QA guys are not an asset for a good product and they are not smart as developers.

    Well I am not a software engineer but I do understand the role it plays so I do know im not dumb. Thank you for your words of wisdom.but I wouldnt agree with the fact that people have to be flown in from other parts of the world for this, yes there are corner cases in every product validation cycle which needs really talented people the vast majority do not do that

    A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.

    IMO if you don't have a patent in your name, you are not high skilled enough.



    2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.

    Do come out of your own imaginary world, I can forward you a dozen emails my wife gets from these so called messiahs of the IT industry. 3.


    All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.

    I am not anti-immigrant at all. There are good and hopeless people in every aspect of life , I see the H1-B visa or any employment based visa scheme as a prized posession and only the best should be allowed to lay claim on these ones which unfortunately isnt happening.



    4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?

    No matter what I explain to you, you'd always be giving me a raw deal, I am not even going to explain myself.


    BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.

    OK thats a biggie I should have known better I'd be clear the next time around. Due apologies.



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  • ujayra01
    06-24 11:04 PM
    My wife is apply for AP renewal. She has her AParole until oct, 2,2008. She is travelling to india this week for three weeks. Can she apply for renewal and travel to india. Is it legal or does it have any replications.

    According to my lawyer, the person (in this case your wife) must be in USA until your wife's AP application is accepted. Basically your wife should not try to apply AP when the she is not physically in USA.

    After the application acceptance, your wife can travel.

    Disclaimer: Please do not take this granted and always consult your immigration attorney.





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  • rkay
    06-03 10:56 AM
    That is your knowledge about America....Grow up dude.

    If they really promote cheerleaders other tha any probably you won't be here.

    There are lot of things I understand about america. One of them is america has lot of non-senses among many sensible things.



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  • chanduv23
    07-08 02:53 PM
    Thought I'd offer an alternate view on the AC21 letters. I switched jobs after my I-485 had been pending 180 days, and my attorneys advised me to NOT send in an AC21 letter. They said, "Chances are, you will not get an RFE, and if you do, you can send in the AC21 letter at that time. If you do send in an AC21 letter, you will definitely get an RFE". These attorneys had always given me excellent advice in the past, so I have not submitted an AC21 letter.

    - GS

    Ask your lawyer, what happpens when previous employer revokes 140 petition. The answer will be, "As USCIS does not know that you ported off, they will send a NOID and we will respond to the NOID. If they send a denial by mistake, we will reopen your case using MTR"





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  • gk_2000
    06-18 07:23 PM
    Wow OOOOOOOOLLLLLLLLLDD thread.

    Here is new link (HR 2709, Jun 4):

    H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)



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  • willwin
    06-12 01:55 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.

    You definitely have better resources to know things but I hate to disagree on what you said.

    You said, it is going to be tough for EB2 I (and i guess C too). You also said EB3 ROW need to worry as well. Obviously, per you, EB3 I and C are out of question. so where are the 140K numbers going to go next year???

    Are you saying that EB1 and EB2 ROW are going to consume 140 K minus restricted quoto of retrogressed countries? It is hard to believe.





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  • slc_ut
    03-18 08:26 PM
    I've mailed my second contribution check today.

    Great job IV volunteers !!!





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  • ivdude
    10-02 02:34 PM
    You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?

    Damn..even our own Indian govt discriminates :( . Kids of parents with Indian passport are suspicious..





    looivy
    03-19 02:16 PM
    This favours temporary workers on H1, L1 etc. An H1/L1 spouse can move to the US easily, but not that of a GC holder. If you want to bring out this "discrimination", that would mean to discontinue H4 visas, as seeminlgly it is a discrimination against a GC holder. Is that you are looking for?

    EB3 discrimination is quite blatant. Folks with a date of March 2004 should be automatically considered EB2 based on five year experience. This is not just for EB3-I or EB2-I but for all chargeabilities.





    ssdtm
    09-08 05:55 PM
    Most of the time, consultant works at a lower rate because he doesn’t know what is being paid to the vendor. If you know what is being paid to the primary/preferred vendor, and the difference is high, you just pick the phone and have a straight talk. Preferred vendors negotiate. You can squeeze them pretty hard. I had done to $5 margin in the past.
    No vendor wants someone to leave a job, tell the client that he is not being paid well because the vendors are keeping a lot of money.

    Preferred vendors are now occasionally working on small margins (believe me $10 is VERY good for them, if another middle layer is finding the candidate for them). They take high margin when they when you go by salary and if they think they can find cheaper guys easily.

    On the other hand, there are middle layers, who are suckers and will try to keep the high margin. But you can deal very assertively with these middle layers because these are small cos. Never sign non compete with them. You can even chnage them and in fact your final preferred vendors can sometimes do that with you.

    with vednros, go hourly instead of salary. I don’t think there is risk, because if you do not have the job at client, you will be fired any way.

    With Desi cos holding your H1, I think margin is not the issue. Just have a hourly rate negotiation (no salary negotiation) because in future you can command more rate. If you have EAD, desi co will be willing to work on very small margin because they know you are an unchained tiger now and can run anywhere.

    There is a cut for managers, but is not that cut and dry....generally in kind than in cash. Managers favor their favored vendors, but if you are a useful person in team, he will not come in a way. In fact, you can try to use his relationship with the vendor to your advantage. Relationship mgmt is the name of the game (not just plain performance).

    If you are billed $180 and paid $85k, here is the strategy:
    If I was you, I will set up a conference call with my manager and vendor rep, and tell both that I might leave because vendor is keeping a lions share. Believe me, no vendor and manager would like to have this dialogue in open and your vendor will increase your rate by calling you in advance.